What's Required Students may be expelled for reasons pertaining to § 37.007. EXPULSION FOR SERIOUS OFFENSES. Before an expulsion or other exclusion that constitutes a significant change in placement, the Section 504 Committee must conduct a “manifestation determination” to determine whether the student’s conduct was caused by his/her disabling condition. Such a determination should be based on current data. What To DO Manifestation Determination
If it is determined by a Section 504 Committee that the misconduct is not caused by the student’s disabling condition
the student may be excluded from school in the same manner as similarly situated non-disabled students are excluded
educational services may not be terminated completely during the expulsion period
the Section 504 Committee will determine the extent of educational services to be provided during the expulsion period
educational services should be provided to the extent necessary to prevent regression in the area of the student’s disabling condition.
If it is determined by the Section 504 Committee that the misconduct is caused by the student’s disabling condition
the student may not be expelled
the Section 504 Committee must then determine whether the student’s current educational placement is appropriate
According to “Appendix A” of 34 CFR Part 104, rules concerning students who currently possess illegal drugs or alcohol will be enforced evenly with respect to all students, both disabled and non-disabled.
may be held to the same standard of performance and behavior as non-disabled students.
may not be excluded from school if they can successfully participate in the educational program and comply with the rules and if their behavior does not impede the performance of other students.
What's Required
Students may be expelled for reasons pertaining to § 37.007. EXPULSION FOR SERIOUS OFFENSES. Before an expulsion or other exclusion that constitutes a significant change in placement, the Section 504 Committee must conduct a “manifestation determination” to determine whether the student’s conduct was caused by his/her disabling condition. Such a determination should be based on current data.
What To DO
Manifestation Determination
If it is determined by a Section 504 Committee that the misconduct is not caused by the student’s disabling condition
- the student may be excluded from school in the same manner as similarly situated non-disabled students are excluded
- educational services may not be terminated completely during the expulsion period
- the Section 504 Committee will determine the extent of educational services to be provided during the expulsion period
- educational services should be provided to the extent necessary to prevent regression in the area of the student’s disabling condition.
If it is determined by the Section 504 Committee that the misconduct is caused by the student’s disabling conditionAccording to “Appendix A” of 34 CFR Part 104, rules concerning students who currently possess illegal drugs or alcohol will be enforced evenly with respect to all students, both disabled and non-disabled.
According to “Appendix A” of 34 CFR Part 104, students who are substance abusers:
Forms
Resources